Interesting story... I haven't done any research on it so I'm not sure of the accuracy of it but it is interesting. http://www.i-openers.net/profiles/blogs/county-sheriff-can-bust-big

The duly elected sheriff of a county is the highest law enforcement official within a county. He has law enforcement powers that exceed that of any other state or federal official.

This is settled law that most people are not aware of.

County sheriffs in Wyoming have scored a big one for the 10th Amendment and states rights. The sheriffs slapped a federal intrusion upside the head and are insisting that all federal law enforcement officers and personnel from federal regulatory agencies must clear all their activity in a Wyoming County with the Sheriff’s Office. Deja vu for those who remember big Richard Mack in Arizona.

Bighorn County Sheriff Dave Mattis spoke at a press conference following a recent U.S. District Court decision (Case No. 2:96-cv-099-J (2006)) and announced that all federal officials are forbidden to enter his county without his prior approval ......

"If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody."

The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.

Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official." Go back and re-read this quote.

The court confirms and asserts that "the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official." And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.

But it gets even better. Since the judge stated that the sheriff "has law enforcement powers EXCEEDING that of any other state OR federal official," the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.

The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.

Gosh, it makes one wish that the sheriffs of the counties relative to Waco, Texas and Oklahoma City, Oklahoma regarding their jurisdictions were drinking the same water these Wyoming sheriffs are.

Sheriff Mattis said, "I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law." [Amen].

However, the sad reality is that sheriffs are elected, and that means they are required to be both law enforcement officials and politicians as well. Unfortunately, Wyoming sheriffs are the exception rather than the rule . . . but they shouldn’t be. Sheriffs have enormous power, if or when they choose to use it. I share the hope of Sheriff Mattis that "more sheriffs all across America will join us in protecting their citizens."

If Wyoming Sheriffs can follow in the steps of former Arizona Sheriff Richard Mack and recognize both their power and authority, they could become champions for the memory of Thomas Jefferson who died thinking that he had won those "states’ rights" debates with Alexander Hamilton.

This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that "political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States."

Winston Churchill observed, "If you will not fight for right when you can easily win without bloodshed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fights with all the odds against you with only a precarious chance of survival. There may be a worse case. You may have to fight when there is not hope of victory at all, because it is better to perish than to live as slaves."

danpass

03-04-10, 20:52

Awesome.

That 'duly elected' part is key. None of the Fed guys are elected which automatically puts them down the food chain.

and the fact that State's rights were intended to be above Fed 'rights' just drops them even further down the chain.

That 'duly elected' part is key. None of the Fed guys are elected which automatically puts them down the food chain.

and the fact that State's rights were intended to be above Fed 'rights' just drops them even further down the chain.

Exactly.
The way I learned it is that the duly elected Sheriff is the highest ranking CLEO in his own county where he's Sheriff, even above the State PD and all Federal agencies.

xrayoneone

03-04-10, 21:39

This is BS "Sheriff Mattis" doesn't exist, at least not that Sheriff Mattis from that "report."

If anyone thinks that a local Sheriff can kick the federal government out of their county you are sorely mistaken. Between the FBI, ATF and USMS the Dept. of Justice has more than enough muscle to shut down any local agency. One need only look at the LAPD and the Federal Consent Decree they were under to see who is really "the boss."

I remember a story about a newly elected sheriff that came to a certain Agency near the border and started telling them what IS and what WILL BE. The head of that station for that Agency told the Sheriff in no uncertain terms he was wrong then politely asked the Sheriff to leave. He then called the U.S. Attorney and relayed what transpired with the Sheriff. The next day after a come to Jesus meeting between the DA, representatives of the USA's office, and the Sheriff, the Sheriff returned to that Agency and said that he was indeed wrong and that anything he said previously should be disregarded.

When it comes to "settled case law" nobody has been able to produce the SCOTUS decision that states that a Sheriff has supreme power over the Federal Government.

Belmont31R

03-04-10, 21:51

This is BS "Sheriff Mattis" doesn't exist, at least not that Sheriff Mattis from that "report."

If anyone thinks that a local Sheriff can kick the federal government out of their county you are sorely mistaken. Between the FBI, ATF and USMS the Dept. of Justice has more than enough muscle to shut down any local agency. One need only look at the LAPD and the Federal Consent Decree they were under to see who is really "the boss."

I remember a story about a newly elected sheriff that came to a certain Agency near the border and started telling them what IS and what WILL BE. The head of that station for that Agency told the Sheriff in no uncertain terms he was wrong then politely asked the Sheriff to leave. He then called the U.S. Attorney and relayed what transpired with the Sheriff. The next day after a come to Jesus meeting between the DA, representatives of the USA's office, and the Sheriff, the Sheriff returned to that Agency and said that he was indeed wrong and that anything he said previously should be disregarded.

When it comes to "settled case law" nobody has been able to produce the SCOTUS decision that states that a Sheriff has supreme power over the Federal Government.

Yeah I just love having Feds bossing around our local LE we elect to enforce the law.

What a great show of freedom the US is supposed to represent. Some FBI minion bossing around a Sheriff is supposed to be cool now or something? Im glad that whole idea of SOVEREIGN STATES worked out so well....:rolleyes:

kmrtnsn

03-04-10, 22:07

I have worked with Sheriff's Departments from coast to coast. Never has there ever been anything remotely resembling a dick measuring contest over who was in charge. It has always been a cooperative effort, with everyone bringing something vital and important to the table. If anything, teaming with the Feds is a win-win situation for any department. We have left behind huge amounts of equipment, funding, overtime reimbursement and asset forfeiture sharing, not to mention the federal grants that subsidize equipment, manpower, K9 programs, etc, etc.

xrayoneone

03-04-10, 22:35

Yeah I just love having Feds bossing around our local LE we elect to enforce the law.

What a great show of freedom the US is supposed to represent. Some FBI minion bossing around a Sheriff is supposed to be cool now or something? Im glad that whole idea of SOVEREIGN STATES worked out so well....:rolleyes:

Yeah it sure did! I think there was a war or something fought over the idea of Sovereign States! I can't remember what the outcome of that was...

The FBI isn't going to boss around a Sheriff unless there is some cause to, i.e. rampant abuse allegations, corruption, etc. and only when they are ordered to do so. It has been my experience that the Agencies do there own house keeping unless they can't. Often times when one reads that X Fed LEO is investigating X Local LEO Dept the Feds were asked to investigate buy the locals because a) the locals don't have the man power/experience, b) the locals want a nonbiased investigation from an outside agency.

Locals investigate local crimes, feds investigate federal crimes and I can speak from experience when jurisdictions overlap everyone works towards the same goal, stopping bad guys. There will always be some jerk that pisses someone else off but at the end of the day professionalism wins out.

Besides this doesn't even matter because this is a non-issue because this "report" is BS. The Sheriff of Big Horn County, Wyoming is Kenneth Blackburn I looked it up after I read the initial post:D